HB1656 - Relating to emergency detention by a paramedic of certain persons with mental illness for preliminary examination at a mental health facility.

  89R4058 MPF-D     By: Howard H.B. No. 1656       A BILL TO BE ENTITLED   AN ACT   relating to emergency detention by a paramedic of certain persons   with mental illness for preliminary examination at a mental health   facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 573.0001, Health and Safety Code, is   amended by adding Subdivisions (3) and (4) to read as follows:                 (3)     "Medical director" means a licensed physician who   supervises the provision of emergency medical services by a public   or private entity that:                       (A)  provides those services; and                         (B)  employs one or more paramedics.                 (4)     "Paramedic" means a person licensed under Chapter   773 as a licensed paramedic.          SECTION 2.  Subchapter A, Chapter 573, Health and Safety   Code, is amended by adding Sections 573.006 and 573.007 to read as   follows:           Sec.   573.006.     DETENTION BY PARAMEDIC FOR PRELIMINARY   EXAMINATION. (a) A paramedic may detain a person for preliminary   examination under Section 573.021 at a mental health facility,   regardless of the person's age, if the paramedic:                 (1)     is specifically authorized to detain a person   under this subsection by the medical director for the entity that   employs or contracts with the paramedic;                 (2)  has reason to believe and does believe that:                       (A)     the person is a person with mental illness;   and                       (B)     because of that mental illness there is a   substantial risk of serious harm to the person or others unless the   person is immediately restrained; and                 (3)     believes that there is not sufficient time to   obtain a warrant or for a peace officer to take the person into   custody.           (b)     A substantial risk of serious harm to the person or   others under Subsection (a)(2)(B) may be demonstrated by:                 (1)  the person's behavior; or                 (2)     evidence of severe emotional distress and   deterioration in the person's mental condition to the extent that   the person cannot remain at liberty.           (c)     The paramedic may form the belief that the person meets   the criteria for detention under this section based on:                 (1)  a representation made by a credible person; or                 (2)     the conduct of the detained person or the   circumstances under which the person is detained.           (d)     A paramedic who detains a person under Subsection (a)   shall immediately transport the detained person to:                 (1)     the nearest appropriate inpatient mental health   facility; or                 (2)     a mental health facility deemed suitable by the   local mental health authority, if an appropriate inpatient mental   health facility is not available.           (e)     A paramedic who detains a person under Subsection (a) at   a mental health facility described by Subsection (d)(1) or (2)   shall immediately inform the person orally in simple, nontechnical   terms:                 (1)  of the reason for the detention; and                 (2)     that a staff member of the facility will inform the   person of the person's rights within 24 hours after the time the   person is admitted to the facility, as provided by Section   573.025(b).           Sec.   573.007.     PARAMEDIC'S NOTIFICATION OF DETENTION.   (a)     A paramedic shall immediately file with a mental health facility a   notification of detention after transporting a person to that   facility in accordance with Section 573.006.           (b)  The paramedic's notification of detention must contain:                 (1)     a statement that the paramedic has reason to   believe and does believe that the person evidences mental illness;                 (2)     a statement that the paramedic has reason to   believe and does believe that the person evidences a substantial   risk of serious harm to the person or others;                 (3)  a specific description of the risk of harm;                 (4)     a statement that the paramedic has reason to   believe and does believe that the risk of harm is imminent unless   the person is immediately restrained;                 (5)     a statement that the paramedic's beliefs are   derived from specific recent behavior, overt acts, attempts, or   threats that were observed by or reliably reported to the   paramedic;                 (6)     a detailed description of the specific behavior,   acts, attempts, or threats; and                 (7)     the name and relationship to the detained person   of any person who reported or observed the behavior, acts,   attempts, or threats.           (c)     The mental health facility where the person is detained   shall include in the detained person's clinical file the   notification of detention described by this section.           (d)     The paramedic shall provide the notification of   detention on the following form:   Notification--Emergency Detention                 NO. ____________________   DATE:_______________ TIME:_______________   THE STATE OF TEXAS   FOR THE BEST INTEREST AND PROTECTION OF:   ______________________________________   NOTIFICATION OF EMERGENCY DETENTION   Now comes _____________________________, a licensed paramedic   employed by (name of employing entity) ___________________________   and authorized by (name of medical director) _____________ to make   emergency detentions, and states as follows:   1.     I have reason to believe and do believe that (name of person to   be detained) __________________________ evidences mental illness.   2.     I have reason to believe and do believe that the above-named   person evidences a substantial risk of serious harm to   himself/herself or others based upon the following:   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   3.     I have reason to believe and do believe that the above risk of   harm is imminent unless the above-named person is immediately   restrained.   4.     My beliefs are based upon the following recent behavior, overt   acts, attempts, or threats observed by me or reliably reported to   me:   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   5.     The names, addresses, and relationship to the above-named   person of those persons who reported or observed recent behavior,   acts, attempts, or threats of the above-named person are (if   applicable):   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   For the above reasons, I present this notification to seek   temporary admission to the (name of facility)   _________________________ inpatient mental health facility or   hospital facility for the detention of (name of person to be   detained) __________________________ on an emergency basis.   6.     Was the person restrained in any way? Yes □ No □   _____________________   PARAMEDIC'S SIGNATURE   Address: _________________________ Zip Code: ____________________   Telephone: ______________________   A mental health facility or hospital emergency department may not   require a paramedic to execute any form other than this form as a   predicate to accepting for temporary admission a person detained by   a paramedic under Section 573.006, Health and Safety Code, and   transported by the paramedic under that section.           (e)     A mental health facility or hospital emergency   department may not require a paramedic to execute any form other   than the form provided by Subsection (d) as a predicate to accepting   for temporary admission a person detained by a paramedic under   Section 573.006 and transported by the paramedic under that   section.          SECTION 3.  Section 573.021(a), Health and Safety Code, is   amended to read as follows:          (a)  A facility shall temporarily accept and detain a person   for whom :                 (1)   an application for detention is filed ;                 (2)   [ or for whom ] a peace officer or emergency medical   services personnel of an emergency medical services provider   transporting the person in accordance with a memorandum of   understanding executed under Section 573.005 files a notification   of detention completed by the peace officer under Section   573.002(a) ; or                 (3)     a paramedic detaining and transporting the person   under Section 573.006 files a notification of detention under   Section 573.007 .          SECTION 4.  The changes in law made by this Act apply only to   an emergency detention that begins on or after the effective date of   this Act. An emergency detention that begins before the effective   date of this Act is governed by the law as it existed immediately   before that date, and that law is continued in effect for that   purpose.          SECTION 5.  This Act takes effect September 1, 2025.